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Situation: Seattle, Washington - I don't have insurance. (I realize it's mandatory to have insurance...This was fined as a seperate ticket)
Me: Driving Northbound in LARGE VAN - taking left turn.
Her: Driving Southbound in SMALL Moped.
Incident: I turn left as she comes - she tries to avoid my car. She swerves, hits my car ( in the front), and falls propelling herself forward ~3yards.
My perspective (biased): Driving 10mph, she should have seen me coming. I saw her out of corner of eye and didn't have time to break. She was going pretty fast (relative from my angle)
What spectators saw: I turned into her as she was coming down Southbound. General Consensus: VAN's FAULT / VAN Fails to yield right of way
Additional notes:
Her Moped kind of bounced off my car (I'm totally fine), my car's bumper is a little scratched.
She remained conscious.
I was driving pretty slow (since I was turning)
Her Moped was only scraped
Other then surface scratches, no major damage (maybe fractured bones I don't know)
Questions:
Will I be able to contest "Failure to yield right of way"
Is it likely she will attempt a civil suit and is it likely she will win it? (What additional information is this contingent on?)
  
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She has the right of way invariably based on vehicle type... youw on't be able to contest.
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Is this in Russia? how bad are her wounds? damage to your car? spectators/witness numbers taken down or willing to testify? are you asking if YOU can contest failure to yield right of way as in SHE failed to yield (given that you said you were the one that failed to yield)? do both of you have insurance?
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Wow. I did same exact thing ~4-5 years ago, it's crazy how similar this is. Made a left turn real slow, motorcycle going straight tried to not hit me, hits my rear. Guy falls down ~10 feet down the road.
You have no chance here, if she goes for therapy you will get like 3 extra points on your policy for a serious accident (it has to be over 900$ I think). She can sue your company, most likely she will because considering the circumstances it will be an easy one. Tough luck son, your insurance will go up. You can still bet on Celts in 4 and win some money back.
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If I didn't misunderstand anything and if your traffic regulations are the same as in Germany then you and only you were at fault.
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Which bumper did she hit? The front or back? That makes a big difference.
No insurance? If it is revealed that you don't have insurance doesn't that mean a heavy fine?
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On May 20 2010 06:58 CKSide wrote:
Is this in Russia? how bad are her wounds? damage to your car? spectators/witness numbers taken down or willing to testify? are you asking if YOU can contest failure to yield right of way as in SHE failed to yield (given that you said you were the one that failed to yield)? do both of you have insurance?
seattle, wa in op post
OP how do you not have insurance? Just that alone might fuck you big time. Have you talked to her about it? You should definitely talk/visit her before legal things get into play just to see how she is, and what kind of person she is. Hopefully not the kind that will sue you in a second.
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On May 20 2010 06:58 CKSide wrote:
Is this in Russia? how bad are her wounds? damage to your car? spectators/witness numbers taken down or willing to testify? are you asking if YOU can contest failure to yield right of way as in SHE failed to yield (given that you said you were the one that failed to yield)? do both of you have insurance?
Regardless of all this (besides Russia ofc, which isn't the case here) she wins 95% of the time (5% goes for no one at fault which can be contested again and would require her to have a horrible record).
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No insurance no sympathy.
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I just realized it says you don't have insurance. Are you allowed to not have insurance in WA? Do you realize how fucked you are now? Jeez
You gotta call her right away and beg her to meet up. Crying in front of her and kneeling is a good idea. You have to make sure she doesn't go to court, give her money or w/e. Get this - she owns your soul right now, pray she isn't smart.
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Well, wouldn't he have a chance of getting off if she hit his back bumper? Cause that would mean that she misjudged his turn. As long as he didn't speed up to beat her through the intersection that is... It would be completely different if she hit his front bumper cause that would indicate that he turned into her...
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On May 20 2010 07:05 condoriano wrote:
I just realized it says you don't have insurance. Are you allowed to not have insurance in WA? Do you realize how fucked you are now? Jeez
You gotta call her right away and beg her to meet up. Crying in front of her and kneeling is a good idea. You have to make sure she doesn't go to court, give her money or w/e. Get this - she owns your soul right now, pray she isn't smart.
In law and order, they say you don't want to admit guilt.
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On May 20 2010 07:12 kdog3683 wrote:Show nested quote +On May 20 2010 07:05 condoriano wrote:
I just realized it says you don't have insurance. Are you allowed to not have insurance in WA? Do you realize how fucked you are now? Jeez
You gotta call her right away and beg her to meet up. Crying in front of her and kneeling is a good idea. You have to make sure she doesn't go to court, give her money or w/e. Get this - she owns your soul right now, pray she isn't smart. In law and order, they say you don't want to admit guilt.
Yeah, as soon as you apologize, you admit you did something wrong. IF you even want to fight it, then you cannot apologize. If you think you're not going to fight or have to fight and you want to make yourself feel better then consider it. Just be careful what you say and who you say it to.
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On May 20 2010 07:12 kdog3683 wrote:Show nested quote +On May 20 2010 07:05 condoriano wrote:
I just realized it says you don't have insurance. Are you allowed to not have insurance in WA? Do you realize how fucked you are now? Jeez
You gotta call her right away and beg her to meet up. Crying in front of her and kneeling is a good idea. You have to make sure she doesn't go to court, give her money or w/e. Get this - she owns your soul right now, pray she isn't smart. In law and order, they say you don't want to admit guilt.
She can't hold this against you, try and see what she says. You need to find out what direction shes going in. Then ask her if you can solve this without going to court because you will be fucked from not having insurance etc. Be apologetic and ask her if she wants to settle and how much would she like (act super poor obviously).
On May 20 2010 07:18 kingjames01 wrote:
Yeah, as soon as you apologize, you admit you did something wrong. IF you even want to fight it, then you cannot apologize. If you think you're not going to fight or have to fight and you want to make yourself feel better then consider it. Just be careful what you say and who you say it to.
You serious? He's not apologizing in front of her lawyer, plus he stands no chance in court.
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u can actually go to jail for driving w/o insurance...
and u should consider urself lucky because if you get in an accident that result in more than $1000 worth of damage without insurance, your state will suspend your license and you have to pay around 40k to state as deposit to get your license re instated...
well at least that's the letter I got from my state when I didn't file accident report...but I had insurance so I just sent them letter and proof I had insurance at the time of the accident.
to answer your question..
You drove w/o insurance and she had right of way regardless how fast she/you were going or what she was driving. You are in a deep shit..is a common conclusion...
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What is my best case scenario?
What is my worst case scenario?
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On May 20 2010 07:20 condoriano wrote:Show nested quote +On May 20 2010 07:12 kdog3683 wrote:On May 20 2010 07:05 condoriano wrote:
I just realized it says you don't have insurance. Are you allowed to not have insurance in WA? Do you realize how fucked you are now? Jeez
You gotta call her right away and beg her to meet up. Crying in front of her and kneeling is a good idea. You have to make sure she doesn't go to court, give her money or w/e. Get this - she owns your soul right now, pray she isn't smart. In law and order, they say you don't want to admit guilt. She can't hold this against you, try and see what she says. You need to find out what direction shes going in. Then ask her if you can solve this without going to court because you will be fucked from not having insurance etc. Be apologetic and ask her if she wants to settle and how much would she like (act super poor obviously). Show nested quote +On May 20 2010 07:18 kingjames01 wrote:
Yeah, as soon as you apologize, you admit you did something wrong. IF you even want to fight it, then you cannot apologize. If you think you're not going to fight or have to fight and you want to make yourself feel better then consider it. Just be careful what you say and who you say it to. You serious? He's not apologizing in front of her lawyer, plus he stands no chance in court.
I am serious. I agree that the situation sounds bad.
If the case goes to court and the judge thinks that he made a dangerous turn by speeding up to beat her through the intersection then he'll lose.
If the judge knows about the lack of insurance while operating a motorized vehicle, that's a no-brainer loss. It won't matter who hit who in that case.
If he admits fault by apologizing (it doesn't matter if it's to her lawyer, it could be to a cop, or an online forum...) and that gets confirmed in court, there will be no case. That's an instant loss.
The best way out of this is to not go to court at all.
It's a sad truth in this crazy society (it actually says a lot about the way Americans/Canadians now view the world) but no matter the crime whether small or large or even if no crime was commited, never, under any circumstances admit fault. Morally, I am against this but practically, it is sound advice that any competent lawyer (or police officer who is actually your friend) would tell you.
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On May 20 2010 07:36 kdog3683 wrote:
What is my best case scenario?
What is my worst case scenario?
Do you have her personal information? Try to make contact and feel her out. If she's close to your age ask her for to go for a coffee and a chat. Maybe you're sweating over nothing. It's possible that she wasn't hurt and isn't mad but is contemplating taking action against you. In that case, she could be talked out of it and you have peace of mind. If she is going to take action against you, you might be able to find that out just by gauging her reaction towards you.
At least then you'll know whether you should be shitting yourself or that you can go on with your life.
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I was going to respond to Kingjames but i don't want to be banned.
Kdog, I have no idea what the worst case scenario is, just don't go to court if you can settle it with her. Because you will be fucked no matter what.
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On May 20 2010 07:42 kingjames01 wrote:Show nested quote +On May 20 2010 07:36 kdog3683 wrote:
What is my best case scenario?
What is my worst case scenario? Do you have her personal information? Try to make contact and feel her out. If she's close to your age ask her for to go for a coffee and a chat. Maybe you're sweating over nothing. It's possible that she wasn't hurt and isn't mad but is contemplating taking action against you. In that case, she could be talked out of it and you have peace of mind. If she is going to take action against you, you might be able to find that out just by gauging her reaction towards you. At least then you'll know whether you should be shitting yourself or that you can go on with your life.
You argued with me that he shouldn't be apologetic in front of her now you are suggesting same exact thing. Wtf are you smoking man?
Or wait, do you think she will want to consider his situation if he won't admit it was his bad and try to be really nice to her? Where do you live?
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On May 20 2010 07:50 condoriano wrote:Show nested quote +On May 20 2010 07:42 kingjames01 wrote:On May 20 2010 07:36 kdog3683 wrote:
What is my best case scenario?
What is my worst case scenario? Do you have her personal information? Try to make contact and feel her out. If she's close to your age ask her for to go for a coffee and a chat. Maybe you're sweating over nothing. It's possible that she wasn't hurt and isn't mad but is contemplating taking action against you. In that case, she could be talked out of it and you have peace of mind. If she is going to take action against you, you might be able to find that out just by gauging her reaction towards you. At least then you'll know whether you should be shitting yourself or that you can go on with your life. You argued with me that he shouldn't be apologetic in front of her now you are suggesting same exact thing. Wtf are you smoking man?
I never even argued with you. Just take a step back and reread the posts objectively.
You're suggesting that kdog should go and grovel to the girl, essentially throwing himself at her mercy so she won't take him to court. That is admitting fault and in a court of law that is enough to show that he is legally accepting the charge. He will be unable to fight it in court at the point.
Making contact and showing her that he cares about the health of someone who got into an accident with the vehicle that he was driving doesn't mean that he is accepting legal fault. It's a way of making everyone involved feel better about the situation.
I don't argue with you about trying to not let this go to court. I am simply offering counselling to the effect that under no circumstances should he admit fault. You made the implication that he can apologize to her and that was in some way different that doing it to her lawyer. That is not the case. You're taking some interpretation of my words that you're seeing on a computer screen, turning it into a mound of shit and then rubbing it all over your body. At that point, you blame me for making you stink.
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On May 20 2010 07:36 kdog3683 wrote:
What is my best case scenario?
What is my worst case scenario?
worst scenario is Court settlement...
the best scenario = you compensate her in personal level..don't get insurance or authorities involved
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On May 20 2010 07:36 kdog3683 wrote:
What is my best case scenario?
What is my worst case scenario?
Your best case scenario is that she chooses to settle out of court (which would be very silly for her, since she will gain way more money by going to court and suing you).
Your worst case scenario is you are given jail time for driving without insurance, you are also given a fine (here in canada no insurance = $3000 fine). No insurance company will take you without a fight, you will be sued in small claims court for all of the damages done to both her physically, and to her vehicle. You probably will have your driving privledges suspended for at least 1 year if not 3 years.
Also, if you dont have insurance, that means you might be paying all of her medical/vehicle expenses out of your own pocket, garnished from your wages.
On May 20 2010 08:01 The6357 wrote:Show nested quote +On May 20 2010 07:36 kdog3683 wrote:
What is my best case scenario?
What is my worst case scenario? worst scenario is Court settlement... the best scenario = you compensate her in personal level..don't get insurance or authorities involved
it's illegal to not call the police after a car accident, and would more than likely only make his case that much worse. Also, think about it, would she rather be compensated a small fee from a stranger she has no idea will even live up to paying it, or take him to court and have her vehicle replaced, and her medical expenses paid...I mean, you gotta be braindead to just take a small payout.
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Seriously, put yourself in her shoes. I'm driving a van and make a left turn in front of you. You're going straight and are unable to avoid a collision. Now you're at home steaming cause some shithead pulled out and you were thrown off your bike. Everyone around you is suggesting you take me to court and get everything that you can. None of your friends even care about you or the driver (me). They're just thinking this is a good opportunity.
Case 1: I call you and beg you not to do anything cause I'm a poor person and I don't have insurance.
Possible thoughts going through your mind?
$$$
or
I feel bad, I shouldn't sue.
Case 2: I call you and invite you out for a beer.
Possible thoughts going through your mind?
Hell no, asshole.
or
$$$
or
I feel bad, I shouldn't sue.
In the first case, if you're going to sue me or were on the fence about it, now you'll have evidence that you can testify to. "Your Honour, he admitted fault." Case dismissed. FUCK!
At least in the second case, I'll know if you don't want anything to do with me and are hostile that you're going to take me to court and I can prepare. If you accept the beer and are going to sue me anyway, at least I'll have tried to reconciled and again I'll be able to prepare.
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On May 20 2010 08:00 kingjames01 wrote:
You made the implication that he can apologize to her and that was in some way different that doing it to her lawyer. That is not the case.
Yeah, because you said so. She will be able to prove it too and it will matter. I can already tell you've never been through this and your knowledge came from watching TV shows.
You're taking some interpretation of my words that you're seeing on a computer screen, turning it into a mound of shit and then rubbing it all over your body. At that point, you blame me for making you stink.
You wouldn't call yourself lebron for no reason, I can sympathize with that.
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On May 20 2010 08:01 eXigent. wrote:
it's illegal to not call the police after a car accident
It's legal in the US, at least in MA.
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On May 20 2010 08:09 condoriano wrote:Show nested quote +On May 20 2010 08:00 kingjames01 wrote:
You made the implication that he can apologize to her and that was in some way different that doing it to her lawyer. That is not the case. Yeah, because you said so. She will be able to prove it too and it will matter. I can already tell you've never been through this and your knowledge came from watching TV shows. Show nested quote +You're taking some interpretation of my words that you're seeing on a computer screen, turning it into a mound of shit and then rubbing it all over your body. At that point, you blame me for making you stink. You wouldn't call yourself lebron for no reason, I can sympathize with that.
lol, it's hard to argue with your mental acumen. To be perfectly honest, the strength of your logical arguments is just astounding and makes my head spin.
If you see kingjames, and the first thing you think is Lebron, then I say to you that you could use a little more cultural training.
Secondly, how about we dispense with theories and opinions and discuss the legal proceedings.
If the case goes to court the judge will have to establish only one thing: Actus Reus.
Did the accident really happen in the way that the injured claims it did?
If he hit her in the front bumper, game over. Negligence in a motor vehicle accident. 100% in favour of her.
If she was speeding and hit him in the back of the van and it can be proven it will be at best Contributory negligence in a motor vehicle accident. Shared responsibility.
He said there were witnesses who will say that he turned in front of her. Now he says he was going slow so he didn't try to beat her through the intersection. Contributory negligence in a motor vehicle accident. Shared responsibility.
He goes and runs his mouth off about how sorry he is about hurting her? She testifies about that and he can't lie when examined... That's a done deal. 100% in her favour.
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you're a fucking dumbass for cutting off a moped and an even bigger one for driving without insurance. People who treat bikes/mopeds like they're normal cars are idiots and shouldn't have a license. 'She should have seen me coming' doesn't mean shit because bikes and mopeds take longer to stop so you don't throw yourself over the handlebars and kill yourself. Don't drive if you're not gonna respect other people on the road. And respect includes paying for insurance, so you don't fuck someone else when you screw up driving.
you should go kiss that person's ass and beg for forgiveness so they don't rightfully sue the hell out of you.
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if u turned left, ur pretty much fucked, that i wat i have been told and taught when learing about incidents like this
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EPT
